§586-3  Order for protection.  (a) 
There shall exist an action known as a petition for an order for protection in
cases of domestic abuse.



(b)  A petition for relief under this chapter
may be made by:



(1)  Any family or household member on the member's own
behalf or on behalf of a family or household member who is a minor or who is an
incapacitated person as defined in section 560:5-102 or who is physically
unable to go to the appropriate place to complete or file the petition; or



(2)  Any state agency on behalf of a person who is a
minor or who is an incapacitated person as defined in section 560:5-102 or a
person who is physically unable to go to the appropriate place to complete or
file the petition on behalf of that person.



(c)  A petition for relief shall be in writing
upon forms provided by the court and shall allege, under penalty of perjury,
that:  a past act or acts of abuse may have occurred; threats of abuse make it
probable that acts of abuse may be imminent; or extreme psychological abuse or malicious
property damage is imminent; and be accompanied by an affidavit made under oath
or a statement made under penalty of perjury stating the specific facts and
circumstances from which relief is sought.



(d)  The family court shall designate an employee
or appropriate nonjudicial agency to assist the person in completing the
petition. [L 1982, c 123, pt of §2; am L 1983, c 18, §1; am L 1985, c 136, §1;
am L 1987, c 315, §1 and c 359, §1; am L 1997, c 322, §1; am L 2000, c 186, §3;
am L 2004, c 161, §31]



 



Case Notes



 



  Based upon plain language of section, family court improperly
required complainant to show recent acts of abuse at hearing. 90 H. 76, 976
P.2d 390.